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Abuse of Law in Real Estate Developers' Insolvency (Bankruptcy) Cases

Student: Bezusov Alexey

Supervisor: Kseniia Kondrateva

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Final Grade: 7

Year of Graduation: 2019

The legislation on shared construction and bankruptcy has undergone a number of major changes. Meanwhile, the problem of "deceived shareholders" today remains relevant. One of the reasons for this problem is the numerous abuses committed by developers. In the scientific literature there are no comprehensive studies on the problem of abuse of the right in the field of insolvency of developers. The study of the specifics of actions to abuse the right of developers will expand the understanding of the types of abuse in order to create effective legal mechanisms for their timely suppression. The author revealed signs of abuse of the right in the field of insolvency of developers, carried out a classification of types of abuse, revealed the most common cases. According to the study, it was concluded that recent changes in legislation imply a gradual solution of the indicated problem, while some changes are premature, capable of giving rise to a new type of abuse of the right in the insolvency of the developer.

Full text (added April 30, 2019)

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